1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
29
30
31
32
33
34
35
36
37
38
39
40
41
42
43
44
45
46
47
48
49
50
51
52
53
54
55
56
57
58
59
60
61
62
63
64
65
66
67
68
69
70
71
72
73
74
75
76
77
78
79
80
81
82
83
84
85
86
87
88
89
90
91
92
93
94
95
96
97
98
99
100
101
102
103
104
105
106
107
108
109
110
111
112
113
114
115
116
117
118
119
120
121
122
123
124
125
126
127
128
129
130
131
132
133
134
135
136
137
138
139
140
141
142
143
144
145
146
147
148
149
150
151
152
153
154
155
156
157
158
159
160 
High Court: Are fines calculated lavfully?
Page 6
If you've noticed an error in this article please click here to report it so we can fix it.
U by Mike Jewell
A High Court Judge is to decide whether the Home Office's failure to consider hauliers' financial means before calculating stowaway penaltes is lawful.
During an appeal hearing by three operators and two drivers against penalties imposed, Mr Justice -1.k. Butterworth said the stark issue he had to decide was whether it was lawful for the Home Office to disregard the personal financial circumstances of the operator and driver. He also had to decide whether to dose was compliant with the Human Rights Convention.
The appeals include Co Fermanagh-based Loane Transport, and its driver Nicholas Turton, against penalties of £8,500 imposed after 17 illegal immigrants were found in the panniers of a semitrailer (CM 24-30 Ju6). Co Kildare-based Tansey Transport International, and driver Tomaz Dubiel, were fined £2,400 and 21,200 respectively after six illegal immigrants were found.
For the companies, Tim Nesbitt argued that the firms and drivers were not liable because they had in place an effective system to prevent clandestine entry to their vehicles.
He maintained that the penalties were excessive and unreasonable, and disproportionate in the circumstances.
Claire Weir, for the Home Office, said that in all three cases the statutory Code of Practice had not been followed, but Nesbitt argued that slavish obedience to the Code of Practice was not necessary for there to be an effective system.
Dubiel said that on arrival at Dover, he had checked the seal on the rear doors and the padlock and they seemed okay. He told Customs but when he came back another driver said that he had heard banging so he called the police, who in turn called the immigration authorities. On examination, the seal had been broken and then glued back together and the padlock had been forced and then reiocked.
Nesbitt felt that it was counter-productive to impose penalties on people who assisted in the way that Dubiel had done by reporting the presence of the illegal immigrants.
Judge Butterworth is to Moe his judgment next week.